Free Motion for Leave to Exceed Page Limit - District Court of Federal Claims - federal

Case 1:06-cv-00101-FMA

Document 37

Filed 05/01/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS JAY CASHMAN, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 06-101C (Judge Allegra)

DEFENDANT'S UNOPPOSED MOTION TO EXCEED PAGE LIMITS Pursuant to Rule 7.1 of the Rules of the United States Court of Federal Claims ("RCFC"), defendant moves the Court to exceed the 20-page limit provided by RCFC 5.3(b)(2) for defendant's reply in support of defendant's cross-motion for summary judgment by eight pages, for a total of 28 pages. Defendant seeks leave to exceed the page limits to enable defendant to comprehensively respond to the technical issues relating to multibeam surveys raised in (1) Plaintiff's Opposition to Defendant's Cross-motion for Summary Judgment, (2) Plaintiff's Response to Defendant's Proposed Findings of Uncontrovered Fact, and (3) Plaintiff's Reply to Defendant's Responses to Plaintiff's Proposed Findings of Uncontroverted Fact,1 and which will assist the Court in resolving the parties' cross-motions for summary judgment. Counsel for defendant has consulted with counsel for plaintiff, and plaintiff does not oppose this request. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General

Although we are not aware of any rule of the Court of Federal Claims permitting plaintiff to file a reply to defendant's responses to plaintiff's proposed findings of uncontrovered fact, we have not objected to this filing.

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Case 1:06-cv-00101-FMA

Document 37

Filed 05/01/2008

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JEANNE E. DAVIDSON Director s/ Donald E. Kinner DONALD E. KINNER Assistant Director OF COUNSEL: Donald M. Harris Counsel U.S. Army Engineer District New York

s/ Tara Kilfoyle TARA KILFOYLE Trial Attorney Commercial Litigation Branch Civil Division 1100 L St., N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 305-1709 Fax: (202) 307-0972

May 1, 2008

Case 1:06-cv-00101-FMA

Document 37

Filed 05/01/2008

Page 3 of 3

Certificate of Filing I hereby certify that on May 1, 2008, a copy of the foregoing DEFENDANT'S UNOPPOSED MOTION TO EXCEED PAGE LIMITS was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/Tara Kilfoyle